(1) Mr G Krason (2) Mr Robert Chyrc (3) Mr Deividas Samauskas (4) Mr Andrew Sadler (5) Mrs Natalie Mallard (6) Mr Adrian Andrews (7) Mr Wilford Jones (8) Mr Neil Packman (9) Mr Guntis Stepans (10)Mr Andrew Collins v RSM Castings Limited (in voluntary liquidation) — 2024

The tribunal held that the notice pay claims were well founded for Andrew Sadler, Adrian Andrews, Neil Packman and Natalie Mallard. It awarded damages for breach of contract of £2,898, £366, £1,148 and £510 respectively, calculated using gross pay. It also upheld the holiday pay complaints for Andrew Sadler, Adrian Andrews and Neil Packman, finding that the respondent had made unauthorised deductions from wages by failing to pay holiday accrued but not taken when employment ended, and it awarded £172.20, £70.47 and £51.50 gross respectively.

The unfair dismissal claims of Andrew Sadler, Neil Packman, Natalie Mallard and Deividas Samauskas were also upheld. The tribunal recorded that there was a 100% chance that the claimants would have been fairly dismissed in any event, so the basic award was £0 because redundancy payments from the Secretary of State cancelled it out. It made net compensatory awards of £726.50, £524.05, £445.64 and £428.65.

The tribunal further found the section 189 TULCRA protective award complaint well founded. It ordered protective awards for Andrew Sadler, Neil Packman, Natalie Mallard, Adrian Andrews, Wilford Jones, Robert Chyrc, Andrew Collins, Deividas Samauskas, G Krason and Guntis Stepans, with gross amounts of £16,479, £11,408.40, £11,809.80, £11,944.80, £14,706.90, £11,648.70, £10,244.70, £9,023.40, £10,200.60 and £12,534.30 respectively. The protective period began on 23 November 2022 and lasted 90 days, and the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 did not apply to the judgment.